It is the purpose and intent of this regulation to promote and authorize affordable housing development which will offer alternative housing for, among others, the less affluent members of the community who are elderly, the younger members of the community and Town employees, by development at a greater density while minimizing certain improvements to reduce costs in the delivery of dwelling units and thereby encourage the construction of housing that is affordable as defined by state statutes and to assist in meeting the Town's need for affordable residential alternatives. Section 8-30g is one of the State's most important zoning laws and is a key statute in inducing towns to comply with their long-standing obligations under the State's Zoning Enabling Act to promote housing choice and economic diversity in housing, including housing for both low and moderate income households.

Any affordable housing development (AHD) constructed in a Barnum Apartment Zone (BAZ) shall be in full compliance with all of the requirements of this regulation. Further, an AHD under this Section 3.3.6 is separate and distinct from any Stratford Zoning Regulations which do not apply to a BAZ.

A building permit for the construction of all or any part of an affordable housing development shall not be issued unless and until the Zoning Commission shall have approved a final site plan for the affordable housing development.

An affordable housing development means a proposed housing development which is a set aside development as stated in Connecticut General Statutes § 8-30g.

"Planned affordable housing unit" means a set aside development in which not less than 30% of the dwelling units will be conveyed by deeds containing covenants or restrictions which shall require that, for at least 40 years after the initial occupation of the proposed development, such dwelling units shall be sold or rented at, or below, prices which will preserve the units as housing for which persons and families pay 30% or less of their annual income, where such income is less than or equal to 80% of the area median income.

"Declarant monthly payment," as used in connection with an affordable housing unit for sale, shall mean the amount paid monthly for mortgage principal and interest, property taxes and insurance, and common charges in the case of ownership in a common interest community and utility costs, including hot water and electricity, but excluding telephone, internet connections and cable television. The maximum allowable monthly payment for a AHD unit that is rented shall include the cost of rent, common charges, if the tenant is directly responsible, heat and utility costs, including hot water and electricity, but excluding telephone, internet connections and cable television.

A description of the projected sequence in which, within a set aside development, the affordable dwelling units will be built and offered for occupancy and the proposed 40 year deed restriction on affordable units.

Mark Nolan, who has a mailing address of 323 Main Street, Danbury, CT 06810, will be the "Administrator" and if he is unable to serve, then a qualified administrator approved by the Town.

Planned affordable housing units shall be of a construction quality and size that is comparable to market-rate units within the development, and shall be dispersed throughout the development.

A planned affordable housing unit shall be occupied only as the purchaser's or tenant's primary residence. To the extent that subletting is permitted by lease, subletting at a rental greater than the "maximum monthly payment" as defined above shall be strictly and specifically prohibited in the lease for each affordable unit.

The developer or its successor may change the designation of which units within the development shall be set aside as affordable, provided that the minimum 24 units set aside shall be maintained, and the development as a whole shall continue to comply with all paragraphs of this section.

One building with a garage and three residential floors above the garage with a maximum of 34 units.

The housing development shall be serviced by public utilities which shall be placed in locations convenient to users.

There shall be a public water supply and connection to municipal sewer system,

An application to the Zoning Commission for a change of zone and text amendment with a conceptual site plan.

A conceptual site plan shall describe the proposed development's total number of units, their arrangement on the property and proposed parking spaces.

Preliminary building plans illustrating:

The development project conforms to the purposes set forth in Section 3.3.6.1.

The zone change request shall be submitted simultaneously with a conceptual site plan in accordance with Connecticut General Statutes § 8-30g(c). Said conceptual site plan shall be substantially the same in concept as the site plan required to be submitted later under Section 3.3.6.1.3 set forth hereinabove. Extensions of the approval of the final site plan shall be granted by the Commission in accordance with the provisions of the Connecticut General Statutes in effect upon the date such extension request is filed. The zone change request does not require an approval of the final site plan until the applicant seeks a building permit.

Site development standards:

The zone change, text amendment and final site plans shall be approved by a majority of the Zoning Commission.

It is the purpose and intent of this regulation to promote and authorize affordable housing development which will offer alternative housing for, among others, the less affluent members of the community who are elderly, the younger members of the community and town employees, by development at a greater density while minimizing certain improvements to reduce costs in the delivery of dwelling units and thereby encourage the construction of housing that is affordable as defined by state statutes and to assist in meeting the town's need for affordable residential alternatives.

Any affordable housing development (AHD) constructed in a Majestic Place District (MPD) shall be in full compliance with all of the requirements of this regulation as well as all other applicable town ordinances and regulations except as provided for in these regulations. Further, an AHD under this Section is separate and distinct from Section 5.4 and the provisions of Section 5.4 do not apply to an MPD.

A building permit for the construction of all or any part of an affordable housing development shall be issued with either approval of the submitted site plan to the Zoning Commission or by Court decision.

An affordable housing development means a proposed housing development which is a set aside development as stated in Connecticut General Statutes § 8-30g.

"Planned affordable housing unit" means a set aside development in which not less than 30% of the dwelling units will be conveyed by deeds containing covenants or restrictions which shall require that, for at least 40 years after the initial occupation of the proposed development, such dwelling units shall be sold or rented at, or below, prices which will preserve the units as housing for which persons and families pay 30% or less of their annual income, where such income is less than or equal to 80% of the median income. In a set aside development, of the dwelling units conveyed by deeds containing covenants or restrictions, a number of dwelling units equal to not less than 15% of all dwelling units in the development shall be sold or rented to persons and families whose income is less than or equal to 60% of the median income and the remainder of the dwelling units conveyed by deeds containing covenants or restrictions shall be sold or rented to persons and families whose income is less than or equal to 80% of the median income.

"Median income" means after adjustments for family size, the lesser of the state median income or the area median income for the area in which the municipality containing the affordable housing development is located, as determined by the United States Department of Housing and Urban Development.

"Declarant monthly payment," as used in connection with an Affordable Housing Unit for sale, shall mean the amount paid monthly for mortgage principal and interest, property taxes and insurance, and common charges in the case of ownership in a common interest community and utility costs, including hot water and electricity, but excluding telephone, internet connections and cable television. The maximum allowable monthly payment for a AHD unit that is rented shall include the cost of rent, common charges, if the tenant is directly responsible, heat and utility costs, including hot water and electricity, but excluding telephone, internet connections and cable television.

Applicants shall provide a description of the projected sequence of construction that the affordable dwelling units will be built and offered for occupancy.

Applicants shall provide a model deed restriction and land use restrictions.

Mark Nolan, 323 Main Street, Danbury, CT 06810, will be the "Administrator" and property manager or an entity or individual who has the necessary experience and qualifications approved by the Town.

Planned affordable housing units shall be of a construction quality and size that is comparable to market-rate units within the development, and shall be dispersed throughout floors two through four.

A planned affordable housing unit shall be occupied only as the purchaser's or tenant's primary residence. To the extent that subletting is permitted by lease, subletting at a rental greater than the "maximum monthly payment" as defined above shall be strictly and specifically prohibited in the lease for each affordable unit.

The developer or its successor may change the designation of which units within the development shall be set aside as affordable, provided that the minimum 30% set aside shall be maintained, and the development as a whole shall continue to comply with all paragraphs of this section.

A building with a maximum of 40 residential units as shown on "site plan" attached hereto with 32 units in Stratford and eight units in Bridgeport, Connecticut.

First floor residential units at market rate possibly for sober house, halfway house or group home with State of Connecticut approvals.

Stratford units (32).

Parking spaces for Stratford units of at least 1.25 spaces per unit.

Curbs, concrete pads, fences, storm drainage, pipes and gallies, catch basins, sewer pipes and main holes, walkways and signage.

Construction phasing as follows:

The housing development shall be serviced by public sewer and water.

The dimensions and construction of parking areas shall be 9' x 18' parking space.

A final site plan prepared and certified by either a licensed architect, a registered land surveyor or a registered civil engineer, which shall:

Preliminary building plans illustrating:

The development project conforms to the purposes set forth in Section 3.3.9.1-3.3.9.10 and C.G.S. § 8-30g.

The zone change request shall be submitted simultaneously with a final site plan. Said final site plan shall be submitted as required by CGS 8-30g applications along with the zone change. Extensions of the approval of the final site plan shall be granted by the Commission in accordance with the provisions of the Connecticut General Statutes in effect upon the date such extension request is filed.

Building design. All building in LB Districts shall have gable roofs, with a pitch not less than six inches to the foot, with no parapet wall extending above eaves or rake of the roof.

Topographical considerations. Due to the extremely irregular topographic characteristics of the LBB District, the following considerations shall be made for all development within the District:

Building design.

Utilities and roads.

Parking. Parking in the Office Park District shall conform with the requirements of Section 6.8 (Parking and Loading) as well as the following unique requirements:

Lighting. Exterior illumination shall be only as necessary for safety lighting of buildings, walks, and roads, and shall be subject to the approval and limitation by the commission. All lights permitted shall be so located and of such a design that no light source is visible beyond any point on the boundaries of the same property.

A Class A-2 boundary survey prepared by a land surveyor licensed by the State of Connecticut.

A site plan prepared by a landscape architect or professional engineer licensed by the State of Connecticut. Such plans shall show:

Parking. Parking in the Retail Commercial A District shall conform with the requirements of Section 6.8 (Parking and Loading) as well as the following unique requirements:

No outdoor incinerator or long-term storage of refuse shall be permitted.

Architectural/site design guidelines. The architectural style, design, and scale of buildings as well as their materials and colors must bear a strong relationship to a waterfront setting. The architectural plans for all principal buildings must be prepared by a professional architect and must address the following:

A soils survey, done by a soil scientist, stamped and signed with a live signature, showing soil types and boundaries including a written description of their classifications.

Pre-development and post-development calculations of the stormwater runoff. Design of the stormwater system should:

Runway Zone. The existing paved runways on the airport property but excluding Runways 16 and 34.

Airport Development District. The land area located within the airport property boundary zone is shown as the Airport Zoning District boundary on that map entitled "Proposed Airport Zoning Boundaries, Stratford, Connecticut, dated March 13, 1996."

Zone boundary. The zone boundary is the outer limits on all sides of the Runway Zone as defined herein and shown as "Runway Zone" on the map entitled "Proposed Airport Zoning Boundaries, Stratford, Connecticut dated March 13, 1996," except as the Runway Zone and map may hereafter be amended by the Town Council.

Permitted and prohibited uses. The only uses permitted in this district are airport runways and improvements directly related to the takeoff and landing of aircraft. All uses not expressly permitted are prohibited.

General requirements and limitations.

District boundary. The zone or district boundary includes portions of the land areas within the airport property boundaries of the Sikorsky Memorial Airport presently owned by the City of Bridgeport but excluding the area within the Runway Zone. The actual areas within the district are shown as "Airport Development District" on the map entitled "Proposed Airport Zoning Boundaries, Stratford, Connecticut, dated March 13, 1996," except as the map may hereafter be amended by the Town Council.

Permitted and prohibited uses. The only uses permitted in this district are the following uses related to and directly incidental to a municipal airport, subject to the limitations in Subsection E iii and the obtaining of a special permit from the Commission. All uses not expressly permitted below are prohibited.

General requirements and limitations.

Areas outside of the Runway Zone and the Airport Development District, as defined as "approach surface boundaries" on the map entitled "Proposed Airport Zoning Boundaries, Stratford, Connecticut," dated March 13, 1996, shall be regulated under these Airport Zoning Regulations. Approval by the Stratford Town Council is required for any expansion of Sikorsky Memorial Airport by the City of Bridgeport and/or any subsequent owner of Sikorsky Memorial Airport. In addition, the creation of a safety area, consisting of any change in the configuration of the surface of land extending from the termination of a paved runway and/or an unpaved level of ground created as an extension of a runway surface, shall require the approval of the Stratford Town Council both within the Airport Development District and those areas outside the Runway Zone and the Airport Development District.

Any land areas that are physically located either within or beyond the boundaries of the Sikorsky Memorial Airport, but which are outside of both the Runway Zone and the Airport Development District, shall be regulated under the applicable provisions of the Stratford Zoning Regulations, which shall define the zone of any such property areas and permitted uses therein. Changes in zoning regulations or the boundaries of zoning districts outside of the airport zones shall be determined by the Commission as long as they are consistent with the terms and limitations of these regulations.

No uses of property within the vicinity of the Airport may be conducted which:

The area within the Airport approach surfaces as defined herein, including the portions of them which are outside of the airport zones, shall be kept free of airport hazards that could interfere with low-flying aircraft or the landing, takeoff or maneuvering of aircraft, in accordance with the height limitations of Federal Aviation Regulations Part 77 or height regulations of the State Department of Transportation.

No structures shall be constructed, installed, or altered upon the approach surfaces to the Airport without a permit from the Commission or its designated agent. A permit shall also be required for construction or installation of any other structures in the vicinity of the Airport which may result in an airport hazard.

Areas adjacent to the Airport Development District but within the airport approach surfaces as defined herein are also subject to limitations on height of structures as provided in this section.

In case of a difference between state or federal standards and provisions of the Stratford Zoning Regulations for the maximum height of structures or trees in areas of the airport zones or the approach surface adjacent to the Airport as defined herein, the restriction providing for the lowest maximum height shall control.

If the Commission determines that any tree in the vicinity of the Airport is an airport hazard, after notice to the owner of the land where the tree is located, a hearing if requested by the owner and the approval of the Tree Warden, it may direct that the tree be removed or pruned so as not to constitute an airport hazard. The Tree Warden shall then proceed pursuant to Section 23-59 of the Connecticut General Statutes.

No structures shall be constructed, installed, or altered within the Runway Zone or the Airport Development District without a permit from the Commission or its designated agent.

Permit applications for the construction, installation, or alteration of any structures within the areas regulated pursuant to these regulations shall be reviewed by the Commission, subject to the limitations in these regulations, under the terms of regulations adopted by the Commission.

Permit applications submitted under Subsection B shall also be furnished to the Sikorsky Memorial Airport Commission as well as the Federal Aviation Administration.

No permit shall be granted that would allow the establishment or creation of any obstruction or permit a nonconforming use, structure or tree to become a greater hazard to air navigation than it was on the effective date of these regulations or any amendments thereto.

In granting any permit, the Commission may, if reasonably necessary to carry out the purpose of these regulations, condition any permit to require the owner of any structure or tree to allow the owner of the Airport, at its own expense, to install, operate and maintain suitable obstruction markers and obstruction lights on such structure or tree. [C.G.S. § 15-93(c)]

The regulations and restrictions in these regulations shall not be construed as to require the removal, lowering or other change or alteration of any structure not conforming to the regulations as of the effective date of these regulations or to otherwise interfere with the continuance of a nonconforming use, or to require the change in the construction or intended use of any structure which was under construction or alteration commenced prior to the effective date of these regulations.

Where a nonconforming structure or tree exists in any of the areas regulated by these regulations which may affect aerial navigation, the owner of any such nonconforming structure or tree may be required to allow the owner of the Airport, with the permission of the Commission, to install prescribed markers or lights where necessary to indicate to operators of aircraft in the vicinity of the Airport the presence of such airport obstruction.

If the Commission determines that a nonconforming structure or tree has been abandoned or more than 80% torn down, destroyed, deteriorated or decayed:

Except as provided in these regulations, all applications for permits for replacement, change or repair of nonconforming uses shall be granted. [C.G.S. § 15-93(a)]

Any property owner desiring to erect any structure, or increase the height of any structure, or permit the growth of any tree under these regulations may apply to the Board of Appeals, as provided herein, for a variance from the regulations in question. A variance shall be granted where a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but would result in substantial justice and be in accordance with the spirit of the regulations. [C.G.S. § 15-93(b)]

In granting any variance, the Board of Appeals may, if reasonably necessary to carry out the purpose of these regulations, condition the variance upon the owner of the structure or tree allowing the owner of the Airport, at its own expense, to install, operate and maintain suitable obstruction markers and obstruction lights on such structure or tree. [C.G.S. § 15-93(c)]

The authority to grant variances shall not extend to approvals reserved to and required by the Town Council, or to extend the runways or allow uses not permitted in the zones provided for in these regulations.

The Board of Appeals shall consist of five members of the Stratford Zoning Board of Appeals. The Board of Appeals shall have and exercise the following powers:

The right to appeal actions and decisions under these regulations shall be in accordance with the applicable provisions of Sections 15-94(d), 15-95 and 15-96 of the Connecticut General Statutes.

Providing an alternative to the traditionally built environment by emphasizing mixed-use, pedestrian-oriented development.

Allowing market-driven growth in places that are most conducive to accommodating additional activity.

Encouraging the redevelopment of underutilized or obsolete areas.

Creating an environment that encourages walking, bicycling and transit use.

Facilitating the adaptive re-use of existing buildings and infill development.

Reducing auto dependency and traffic congestion by locating multiple destinations and trip purposes within walking distance of one another.

Providing a range of housing options for people at different stages of life.

Ensuring that new development is consistent with and enhances the nearby streetscape.

Encouraging a mix of moderate-density development within walking distance of the Stratford Train Station to increase transit ridership.

The proposed development shall be consistent with the existing surrounding context, particularly with existing development on directly adjacent sites.

Sites within the TOD Overlay District are encouraged to be developed with a mix of complementary uses which provide for a variety of activities throughout the day and on different days of the week.

Residential apartments, pursuant to Section 5.1 (Multifamily 3+ Developments);

Ground-floor retail, restaurants, or personal service establishments, provided that the underlying district is the Limited Business (LB) District. Notwithstanding the underlying zoning, for areas within the LB district that are indicated on the Zoning Map as "TOD-1," active ground floor uses shall be required pursuant to Subsection D2), below, of these Regulations.

At least 70% of the residential units shall be efficiency or one-bedroom units, with the balance of the units limited to two-bedroom apartments. For the purposes of these Regulations, libraries, dens, studios, studies, lofts and other similar spaces may be deemed to be bedrooms if the Zoning Commission finds that the size, design and layout of these rooms are generally similar to bedrooms.

For areas indicated on the Zoning Map as "TOD-1," uses on the ground floor of buildings shall be active uses as defined in Section 2.2. (Definitions) of these Regulations. Residential or office uses within such buildings shall be limited to the upper floors, unless waived by the Zoning Commission based on the particular characteristics of the site and the surrounding context.

Parcels east of Main Street and within 550 feet of the Stratford Train Station platform may have maximum building coverage of 65% and building heights of up to 60 feet in areas set back 100 feet or greater from Main Street and 75 feet or greater from Sutton Avenue. The Zoning Commission may consider allowing maximum building coverage of 65% and maximum building height of 60 feet elsewhere in the TOD Overlay District, based on the particular characteristics of the site and the surrounding context.

Building mass and character.

Building orientation and entrances.

Walls and windows.

Roofs. Roofs shall be in keeping with the character of surrounding buildings. Buildings shall have varied roof lines and materials. Peaked, mansard and other sloping roof types are encouraged. Flat roofs should be topped with cornices or decorative parapets.

Driveways. The creation of new sidewalk curb cuts shall be avoided whenever an alternative point of access is available or can be created. Where feasible, ingress and egress from parking shall be from side streets. The consolidation and sharing of driveways and curb cuts between adjacent properties and interior connections between parking lots and/or the use of shared parking facilities is strongly encouraged.

Parking. Parking requirements within the TOD shall be consistent with Section 6.8 (Parking and Loading) of these Regulations, unless otherwise noted below:

Pedestrian circulation.

Open space.

Sustainability. The proposed development or redevelopment shall utilize current best practices to promote environmental sustainability, including, but not limited to incorporation of green building or green infrastructure elements, brownfield remediation, use of permeable surfaces for parking areas, walkways, patios or similar areas, and use of techniques to reduce the consumption of energy.

Streetscapes.

Lighting.

Storage and refuse areas.

Screening.

Signs. The development application shall include a comprehensive signage plan indicating conformance to the standards of Section 6.11 (Signs) of these Regulations, in addition to the following provisions:

The site to be developed shall be determined by the Zoning Commission to be well-connected to the Transit Station for all transportation users (pedestrians and bicyclists as well as vehicles) and shall be determined to have potential to enhance and contribute to an active, walkable downtown environment.

The development application shall be made by a single entity and shall be developed under a single direction in accordance with an approved plan.

The application for development shall be accompanied by a plan, or plans, showing the detailed use of the entire site, and the plan or plans shall comply with all relevant requirements of these Regulations, and pertaining to building permits and special permit. In addition, the application shall demonstrate compliance with the provisions and design standards of the TOD Overlay District, as contained in this section, to the satisfaction of the Zoning Commission.

The development site shall be served by public sanitary sewers, stormwater systems and utilities. Where feasible, for projects involving new construction and/or redevelopment activities, every effort shall be made to place telephone, cable television and similar utility lines underground.

Facilitate the redevelopment of the Stratford Army Engine Plant property, and similar waterfront industrial properties, into a multiuse waterfront destination and economic centerpiece for Stratford and for the region, recognizing its unique size, waterfront location and historical significance.

Encourage a variety of uses providing permanent employment, provide for commercial and office opportunities and quality residential environments, draw the public to the area to explore and enjoy the waterfront setting, and to unite and connect Stratford's coastal recreational and cultural landmarks.

Incorporate smart growth techniques and green technology in the revitalization efforts, including the extension of a waterfront greenway and public areas that would eventually connect with Stratford's neighborhoods, transportation and employment centers, and recreational facilities.

Recognize the historic and distinguished aviation history of the area.

Comply with the provisions of the Connecticut Coastal Management Act by establishing the highest priority and preference for water-dependent uses as defined by C.G.S. Section 22a-93 (16), public access, and protection of coastal resources; and

Enhance the economic viability of water-dependent uses (e.g., marinas, boatyards, docks, marine transportation facilities, public fishing platforms, boardwalks, and general public access) through the development of complementary uses (e.g., boat rental, sales or service, fish markets, water sports sales and training, and waterfront restaurants).

Any use permitted in the Waterfront Business, Retail Commercial A, and Retail Commercial F Districts.

Multifamily residential uses.

Seasonal, holiday or other programmed events (e.g., outdoor movies or performances, outdoor exercise classes and food truck park) or other temporary or informal uses that activate the public/shared space in nontraditional ways are permitted subject to the approval of the Planning and Zoning Administrator.

For developments of up to 50 acres, the development and density standards and parking requirements shall be those of the underlying District and in Section 6.8 (Parking and Loading) of the Zoning Regulations.

For developments larger than 50 acres, the development and density standards and parking requirements shall be as the applicant proposes in the General Development Master Plan (GDMP), subject to the Zoning Commission's. The following requirement shall apply to such developments, unless waived by the Zoning Commission:

No floor-to-area (FAR) requirements shall apply in this District.

For properties on a "developed shorefront" as identified on the Connecticut Department of Energy and Environmental Protection Coastal Resources Map, the mean high water mark setback requirements under Section 6.13 (Water Resource Protection) of the Zoning Regulations shall not apply.

Lots created as a result of a subdivision of the development, as defined in Section 8-18 of the Connecticut General Statutes, shall comply with the minimum lot area of the underlying zoning district but shall be exempt from all other zoning standards (including, but not limited to, required street frontage, minimum lot width, and minimum lot depth).

Structures on a lot. To promote the greatest flexibility in design, and in order to achieve the objectives of this District, there may be more than one principal building permitted on a single lot within the WR Overlay District.

Excavation and fill. The development shall be graded and filled as necessary so that the design flood elevation for entire project (other than detention basins) shall be at least 16 feet NAVD88, or such greater elevation as may be required by applicable laws or government regulations in effect at the time of the approval of the GDMP.

Consistency with the intent of the 2023 Plan of Conservation and Development.

Contribution to significant enhancement of public access to the Housatonic River in ways that will attract residents, tourists, and visitors from throughout the region.

Promotion of, and no reduction in, recreational opportunities along the Housatonic River and particularly the continuation of the Stratford Greenway project.

Assistance, where appropriate, in job creation to benefit local citizens and strengthen the Stratford economic base.

Creation of public access for bikers and walkers between Main Street and the Housatonic River.

Development of buildings of high architectural standard, harmonious with the historical significance of the area, its prominent location on the Housatonic River, and its strategic location in the region.

Concealment of parking from adjacent streets, public ways and from the water to the extent practicable and economically feasible, with parking structures encouraged over surface parking, with all parking (other than on-street parking) located, screened, and landscaped to minimize its visual impact.